Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 805

IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH, J.
Rabindra Kumar Biswal @ Babul – Appellant
Versus
State of Odisha – Respondent
BLAPL No. 10479 of 2022
Decided On : 13-12-2022

Advocates Appeared:
For the Appellant : D. Das
For the Respondent: A. Pradhan

The court determined insufficient evidence to justify continued custody based on the omnibus nature of dowry demands and the absence of corroborative injuries, thus granting bail.

Headnote:(A) Indian Penal Code, 1860 - Sections 498-A and 304-B - Criminal Procedure Code, 1973 - Section 439 - Bail application - Rejection of bail application by Additional Sessions Judge challenged - Allegations of dowry demands considered to be omnibus - Post mortem report shows no external injuries, supporting claim of the petitioner attempting to save the victim - Court finds insufficient evidence for continued custody - Petitioner released on bail. (Paras 3, 5, 9)

(B) Dowry Death - Elements of offences under Section 304-B - Demand of dowry must be specific, and absence of injuries implies lack of corroborative evidence against the accused. (Paras 6, 8)

Facts of the case:
The petitioner, initially arrested on 13.07.2022, sought bail after the charge-sheet was filed, claiming insufficient evidence for continued custody and an independent witness providing testimony in his favor.

Findings of Court:
The court determined that the evidence did not warrant the petitioner's continued detention in custody and therefore granted bail.

Issues: The court considered whether the allegations of dowry demands were sufficiently substantiated to justify ongoing custody of the accused.

Ratio Decidendi: The absence of external injuries in the post mortem report and omnibus nature of the dowry demand led to the conclusion that continued custody was not warranted.

Result: The petitioner is directed to be released on bail.

Table of Content
1. nature of accusations against the appellant (Para 1 , 2 , 3)
2. arguments surrounding bail application (Para 4 , 5 , 6 , 7 , 8)
3. court's evaluation leads to bail grant (Para 9)
4. disposal of blapl and order for certified copy (Para 10 , 11)

ORDER :

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in connection with C.T. Case No.235 of 2022, pending before the Court of the learned SDJM, Narsinghpur, arising out of Kanpur P.S. Case No.111 of 2022, for alleged commission of offences under Sections 498-A/304(B) of IPC read with Section 4 of D.P. Act.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh, by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the petitioner is in custody since 13.07.2022 and since charge-sheet has been filed on 09.09.2022, further continuance of the petitioner in custody is unwarranted.

5. Learned counsel for the petitioner submits that though FIR was registered inter alia under Section 302 read with Section 304-B of IPC and other allied Sections after investigation charge-sheet has been filed under Section 304-B of IPC.

6. It is stated that the allegation so far as demand of dowry is concerned, it is omnibus in nature.

7. Learned counsel for the petitioner relies on the statement of one independent witness Purna Chandra Chanda co-villager, who has stated that on the fateful day, the petitioner made all attempt to save the life of the deceased.

8. Learned counsel for the State opposes the prayer for bail inter alia on the ground that there are materials on record, which point to the consistent demand for dowry and in this connection relies on the statement of Ananta Charan Pradhan the father of the deceased.

9. On a conspectus materials on record and on consideration of the post mortem repost and in the absence of any external injury consistent with the statement of the father of the victim regarding physical abuse, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10. Accordingly, the BLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per rule.

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